Does every estate have to go through probate?

No — assets in a properly funded trust, jointly held property with survivorship rights, and accounts with named beneficiaries typically pass outside of probate. Many states also offer simplified procedures for small estates.

How long does probate take?

Simple, uncontested estates often close within several months to about a year. Contested or complex estates can take considerably longer.

Who pays the deceased person's debts?

The estate pays valid debts from estate assets before anything is distributed to beneficiaries. Heirs generally aren't personally liable for the deceased's debts beyond what they inherit.

Do I need a lawyer to handle probate?

Not always required, and many states allow a self-represented executor for simple estates, but a lawyer is strongly advisable for anything with significant assets, multiple heirs, disputes, or unclear will validity.

What if there's no will?

The estate is distributed according to your state's intestacy law, following a set order, typically spouse, children, then other relatives, and the court appoints an administrator instead of recognizing a named executor.

Can beneficiaries challenge a will?

Yes, on grounds like lack of testamentary capacity, undue influence, fraud, or improper execution, but courts generally give significant deference to a validly executed will, so challenges face a real burden of proof.

Probate & Estates

Legal information last reviewed: July 3, 2026

Probate is the court process that validates a will — or, without one, applies state intestacy law — appoints someone to administer the estate, and oversees paying debts and distributing what's left to heirs or beneficiaries. Not every estate has to go through it, but most that include property titled solely in the deceased person's name do.

What triggers probate

Generally, assets titled solely in the deceased person's individual name without a beneficiary designation — a house, a car, a bank account without a payable-on-death designation — typically need to go through probate to transfer legally. Assets in a funded trust, jointly owned property, and accounts with named beneficiaries usually bypass it.

The executor's or administrator's role

The person named in the will (executor) or appointed by the court if there's no will (administrator) is responsible for gathering assets, paying valid debts and taxes, and distributing what remains according to the will or state law.

Steps in the process

Filing the will and a petition with the court, formal notice to heirs and creditors, an inventory of assets, paying debts and taxes, and finally a court-approved distribution to beneficiaries.

Timeline and cost

Simple estates can close in a matter of months. Contested or complex estates can take a year or more. Cost typically includes court filing fees, executor compensation, sometimes set by state statute as a percentage of the estate, and attorney fees if one is used.

Small estate procedures

Many states offer a simplified, faster process for estates below a certain dollar threshold, sometimes avoiding formal probate entirely through an affidavit procedure.

When to hire a lawyer

A small, uncontested estate with a clear will is often manageable with self-help resources or a probate paralegal service where states allow it. Hire a probate attorney once there are multiple heirs likely to disagree, significant assets, unclear or contested will validity, or outstanding debts and taxes that need careful handling.

Frequently asked questions

Does every estate have to go through probate?: No — assets in a properly funded trust, jointly held property with survivorship rights, and accounts with named beneficiaries typically pass outside of probate. Many states also offer simplified procedures for small estates.
How long does probate take?: Simple, uncontested estates often close within several months to about a year. Contested or complex estates can take considerably longer.
Who pays the deceased person's debts?: The estate pays valid debts from estate assets before anything is distributed to beneficiaries. Heirs generally aren't personally liable for the deceased's debts beyond what they inherit.
Do I need a lawyer to handle probate?: Not always required, and many states allow a self-represented executor for simple estates, but a lawyer is strongly advisable for anything with significant assets, multiple heirs, disputes, or unclear will validity.
What if there's no will?: The estate is distributed according to your state's intestacy law, following a set order, typically spouse, children, then other relatives, and the court appoints an administrator instead of recognizing a named executor.
Can beneficiaries challenge a will?: Yes, on grounds like lack of testamentary capacity, undue influence, fraud, or improper execution, but courts generally give significant deference to a validly executed will, so challenges face a real burden of proof.

Probate & Estates laws by state

The rules covered here are general — specifics like deadlines, dollar limits, and required forms vary by state.

Find your state

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This page is general information, not legal advice, and isn't a substitute for talking to a licensed attorney about your specific situation. Read our full disclaimer.